Conclusions and recommendations of the Committee on Economic, Social and
Cultural Rights, Azerbaijan, U.N. Doc. E/C.12/1/Add.104 (2004).

Distr. GENERAL
(UNEDITED VERSION)
E/C.12/1/Add.104
26 November 2004
Original: ENGLISH

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Thirty-third session
8 -26 November 2004

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLES 16 AND 17
OF THE COVENANT
Concluding Observations of the Committee on Economic, Social and Cultural Rights

AZERBAIJAN

1. The Committee on Economic, Social and Cultural Rights considered the second
periodic report of Azerbaijan on the implementation of the International Covenant
on Economic, Social and Cultural Rights (E/1990/6/Add.37) at its 41st, 42nd
and 43rd meetings, held on 16 and 17 November 2004 (E/C.12/2004/SR.41-43), and
adopted, at its 56th meeting held on 26 November 2004, the following concluding
observations.

A. INTRODUCTION

2. The Committee welcomes the submission of the second periodic report of the
State party, which was prepared in general conformity with the Committee’s
guidelines. The Committee notes with appreciation the comprehensive written
replies to its List of Issues, though it regrets its late submission.

3. The Committee welcomes the constructive dialogue with the high-level delegation
of the State party, which included deputy ministers and experts in the different
areas covered by the Covenant.

B. POSITIVE ASPECTS

4. The Committee notes with appreciation the adoption of the State Program on
Protection of Human Rights in June 1998 by the Decree of the President of the
Republic of Azerbaijan.

5. The Committee welcomes the information provided by the State party that the
Working Group established to prepare the second periodic report to this Committee,
consisting of representatives of various ministries and state bodies, as well
as experts from non-governmental organisations, will monitor the follow-up on
the implementation of the Covenant in accordance with the suggestions and recommendations
made by the Committee in the present concluding observations.

6. The Committee welcomes the efforts taken by the State party to combat economic
crime and corruption in the State party, including the adoption of the “2004-2006
State Programme on Strengthening the Fight against Corruption” and of
the law “On Fight against Corruption” in January 2004, as well as
the establishment of the Department of Fight against Corruption under the General
Prosecutor.

7. The Committee welcomes the information provided by the State party on the
reforms of the judiciary as part of the current overhaul of the state apparatus
in Azerbaijan.

8. The Committee welcomes the adoption of the law on the rights of the child
and the ratification of the ILO Convention No.182 on the worst forms of child
labour.

9. The Committee commends the State party for the adoption of the law on the
Protection of Samples of Folklore in May 2003, and of the Legal Protection of
Expressions of the Azerbaijan Folklore, developed by the Agency of Copyright
in cooperation with UNESCO and WIPO, in August 2003.

C. FACTORS AND DIFFICULTIES IMPEDING THE IMPLEMENTATION OF THE COVENANT

10. The Committee is aware that the State party is still confronted with the
difficulties commonly encountered by countries in transition.

11. The Committee notes that the presence of a large number of refugees and
internally displaced persons as a result of the conflict with Armenia continues
to seriously hamper the State party’s ability to implement the economic,
social and cultural rights contained in the Covenant.

D. PRINCIPAL SUBJECTS OF CONCERN

12. The Committee notes with regret that no information was provided on specific
decisions of domestic courts where reference has been made to the Covenant and
its provisions.

13. The Committee is concerned about the lack of independence of the judiciary
and the persistence and the extent of corruptions in the State party, and once
again stresses the importance of an independent judiciary for the enjoyment
of all human rights, including economic, social and cultural rights, and the
availability of effective remedies in case of violation.

14. The Committee notes with regret that the statistical data provided by the
State party does not always allow a clear evaluation of the implementation of
the economic, social and cultural rights enshrined in the Covenant.

15. While noting that the constitutional guarantee to the enjoyment of all rights
and freedoms is extended to all foreign citizens and stateless persons, the
Committee is concerned about the persistent de facto discrimination against
foreign citizens, ethnic minorities and stateless persons in the fields of housing,
employment and education. The Committee is also concerned about the legal status
of a significant number of long-term residents in the State party who remain
stateless.

16. While welcoming the measures taken by the State party to promote equality
between men and women, including the establishment of the State Committee on
Women’s Affairs and the adoption of the National Plan of Action on women’s
issues, the Committee is concerned about the persistent gender inequalities
in Azerbaijan, particularly in the field of employment.

17. While acknowledging the efforts made by the State party to reduce unemployment,
including the adoption in 2004 of the Programme for Social and Economic Development
of Regions of Azerbaijan for 2004-2008, the Committee is concerned about the
persistently high percentage of unemployment in the State party, in particular
among women, youths, refugees and internally displaced persons.

18. The Committee is concerned about the lack of legislative provisions ensuring
access of persons with disabilities to the labour market.

19. The Committee is concerned about the use of forced labour as a corrective
measure or as a penal sentence against persons found guilty of a crime, as provided
for in the Penal Code and the Labour Code currently in force in the State party.

20. While noting the efforts taken by the State party to increase the minimum
wage, the Committee is concerned that the current minimum wage is still insufficient
to provide a decent standard of living for workers and their families. The Committee
is further concerned that in practice the minimum wage is not always enforced,
given the large percentage of the population who work in the informal sector.

21. The Committee regrets the extensive limitations imposed on the right to
strike by the Labour Code of the State party, exceeding by far the ILO definition
of essential services. The Committee also expresses concern about section 188-3
of the Criminal Code which places sanction, including penalties of imprisonment,
on collective action by trade unions when such action disrupts public transport,
and about section 6 (1) of Act No.792 on trade unions which prohibits all types
of
political activities by trade unions.

22. The Committee is concerned about the State party’s plans to “increase
the volume of social benefits by decreasing the number of beneficiaries in order
to ensure the appropriate level of life”.

23. The Committee expresses serious concern at the lack of legal or policy mechanisms
in the State party which specifically address domestic violence, in particular,
violence against women. The Committee regrets that insufficient information
was provided by the State party in its second periodic report and during the
dialogue in this regard.

24. While welcoming the adoption in May 2004 of the National Plan for fight
against trafficking in human beings, and the establishment of the Department
of Fight against Trafficking in Human Beings under the Ministry of Interior,
the Committee remains concerned that trafficking in persons persists in Azerbaijan,
and notes that the State party is a country of origin and destination as well
as a transit point of trafficking in persons. The Committee is also concerned
by the lack of reliable
information, including statistics, on the extent of the problem. In this connection,
the Committee notes with regret that there is no legislation in the State party
that specifically criminalises trafficking in persons.

25. The Committee is seriously concerned about the reports of children who are
illegally adopted from orphanages for the purpose of trafficking in organs.

26. In spite of the efforts made by the State party to improve the economic
and social conditions of refugees and internally displaced persons, the Committee
is concerned by the fact that they still do not enjoy an adequate standard of
living.

27. The Committee is deeply concerned that despite the sizeable amount of foreign
investment (14.5 billion dollars) and efforts taken by the State party to eliminate
poverty, including the 2003-2005 State Programme on Poverty Reduction and Economic
Development, high level of poverty persists in the country, estimated to affect
approximately 50 per cent of the population according to the World Bank data
of 2003.

28. The Committee is concerned about the illegal occupation by refugees and
internally displaced persons of properties belonging to Armenians and other
ethnic minorities. The Committee is also concerned about the lack of adequate
social housing units, particularly in Baku. The Committee further notes with
regret the lack of information about forced evictions and the number of homeless
persons in the State party.

29. While welcoming the extensive efforts taken by the State party in the area
of health including measures to address the significant regional and urban disparities
in health care provisions, the Committee remains concerned that the annual per-capita
spending on public health has been on the decline in recent years despite the
rise in the GDP. The Committee is concerned about the high incidence of malnutrition,
infant mortality, iron deficiency disorders and malaria especially among
refugees and internally displaced persons. The Committee regrets that reliable
statistical data in the field of health were not provided by the State party.

30. The Committee remains concerned about the low awareness of the general public
in Azerbaijan on sexual and reproductive health issues, in particular with regard
to the availability and use of contraceptives. The Committee is particularly
concerned that a high proportion of women resort to abortion as the principal
method of birth control, and about the high level of infant and maternal mortality
rate. The Committee also regrets that no comprehensive sexual and reproductive
health programme exists in the State party. The Committee is particularly concerned
that the incidence of sexually transmitted diseases and HIV/AIDS is on the increase.

31. While welcoming the information provided by the State party’s delegation
that prison medical doctors are now under the supervision of the Ministry of
Justice and that cases of human rights violation can be immediately brought
to the attention of the Office of the Commissioner for Human Rights, the Committee
is concerned about the overcrowding and the substandard conditions in prisons
in Azerbaijan which have given rise to a disproportionately high rate of tuberculosis
incidence and other health problems among prisoners.

32. The Committee is concerned that according “Azerbaijan Figures 2004”
published by the State Statistical Committee of the Republic of Azerbaijan,
the illicit preparation, storage and selling of narcotics has been on the rise
since 1995, and that 2049 cases were registered in 2003.

33. The Committee is concerned that pursuant to article 19 of the Legal Status
of Aliens and Stateless Persons Act, the State party does not provide free compulsory
education to non-Azerbaijani children. The Committee also expresses concern
that the education standards in the State party have experienced a fall over
the last decade owing to a number of factors, including lack of state investment
in education.

E. SUGGESTIONS AND RECOMMENDATIONS

34. The Committee welcomes the adoption in December 2001 of the Constitutional
provision establishing the Office of the Human Rights Commissioner of the Republic
of Azerbaijan with the competence to receive complaints relating to violations
of economic, social and cultural rights. In this connection, the Committee recommends
the State party to consider establishing a National Commission for Human Rights
on the basis of the Paris Principles (General Assembly resolution
48/134, annex).

35. The Committee requests the State party to annex a copy of the National Human
Rights Plan of Action to its third periodic report, and to explain how the plan
promotes and protects economic, social and cultural rights.

36. The Committee draws the attention of the State party to General Comment
No.9 on the domestic application of the Covenant and invites the State party
to include information concerning case law on the application of the Covenant
in its next periodic report.

37. The Committee urges the State party to ensure that legal and judicial training
takes full account of the justiciability of the rights contained in the Covenant
and promotes the use of the Covenant as a source of law in domestic courts.

38. The Committee strongly urges the State party to continue to take all necessary
measures to ensure the independence and integrity of the judiciary and to combat
corruption.

39. The Committee would appreciate receiving further information on the impact
of privatisation of state enterprises on the enjoyment of economic, social and
cultural rights in the next periodic report.

40. The Committee encourages the State party to submit in its next periodic
report annually collected comparative statistical data which are disaggregated
by sex, age and urban/rural residence, paying particular attention to the disadvantaged
and marginalised groups of society.

41. The Committee recommends the State party to take all measures to ensure
that all persons under its jurisdiction enjoy economic, social and cultural
rights enshrined in the Covenant without discrimination, and to facilitate regularisation
of legal status of foreigners residing in Azerbaijan whenever possible. Furthermore,
the Committee requests the State party to provide, in its next periodic report,
detailed information, including disaggregated statistical data, on the enjoyment
of
economic, social and cultural rights by ethnic minorities, foreign citizens
and stateless persons.

42. The Committee calls upon the State party to adopt all effective measures
to ensure equality between men and women in all fields of life as provided for
in articles 2.2 and 3 of the Covenant, and to provide information in the next
periodic report on the progress made in the field of gender equality, including
detailed information on the implementation of the National Plan of Action on
women’s issues.

43. The Committee recommends that the State party continue strengthening programmes
to reduce unemployment targeting on a priority basis the most affected groups.
The Committee calls upon the State party to provide information in its next
periodic report on progress made in the field of employment activation, including
the practical effects of the Programme for Social and Economic Development of
Regions of Azerbaijan for 2004-2008. The Committee recommends the State party
to consider ratifying the ILO Convention No. 2 on unemployment.

44. The Committee recommends the State party to adopt relevant legislation and
necessary administrative measures to ensure greater access to the labour market
and an adequate working environment for persons with disabilities.

45. The Committee recommends the State party to abolish the use of forced labour
either as a corrective measure or as a penal sentence against persons found
guilty of a crime, and to amend or repeal the relevant provisions of the Penal
Code and the Labour Code, in accordance with article 6 of the Covenant.

46. The Committee urges the State party to continue to take necessary measures
to ensure that the minimum wage enables workers and their families to enjoy
an adequate standard of living and that the minimum wage standard is effectively
enforced. The Committee further encourages the State party to establish an effective
system of indexation and regular adjustment of the minimum wage to the cost
of living.

47. The Committee recommends the State party to take appropriate measures to
amend the Labour Code and liberalise the existing limitations on the right to
strike. The Committee further recommends the State party to amend or repeal
section 188-3 of the Criminal Code and section 6 (1) of the Act No.792 on trade
unions, to ensure that the right to collective bargaining and the right to join
trade unions are duly respected in accordance with article 8 of the Covenant.

48. The Committee recommends the State party to undertake measures to ensure
that social security benefits are adequate. The Committee further recommends
the State party to ensure that targeted social assistance depending on family
income is guaranteed to all disadvantaged and marginalised persons including
refugees and internally displaced persons, and that such assistance does not
fall below the subsistence level. The Committee also encourages the State party
to consider ratifying ILO Conventions No. 102 on minimum social security standards,
No. 117 on social policy (basic aims and standards) and No. 118 on equality
of treatment (social security).

49. The Committee requests that the State party provide in its next periodic
report detailed information on the extent of domestic violence, in particular,
violence against women, and the legislative measures and policies taken by the
State party to address such phenomenon, including facilities and remedies provided
for victims. The Committee urges that training is provided to law enforcement
officials and judges regarding the serious and criminal nature of domestic violence,
in particular, violence against women. The Committee further recommends that
the State party allocate resources to ensure availability of crisis centres
where victims of domestic violence are provided with safe lodging and necessary
assistance.

50. The Committee urges the State party to adopt legislation specifically criminalising
the trafficking of human beings and to allocate sufficient resources for an
effective implementation of the National Plan for Fight against Trafficking
in Human Beings, and to ensure that necessary protection and assistance are
provided to victims of trafficking.

51. The Committee urges the State party to continue to ensure that perpetrators
of illegal adoptions are duly prosecuted.

52. The Committee strongly recommends the State party to continue to take effective
measures through, inter alia, allocation of increased resources, to ensure protection
of fundamental economic, social and cultural rights of the refugees and internally
displaced persons, in particular with regard to adequate housing, food and water,
health services and sanitation.

53. The Committee urges the State party to integrate economic, social and
cultural rights in its poverty reduction policies and measures, and refers the
State party to the Committee’s statement on poverty adopted in May 2001.
The Committee also recommends the State party to allocate increased portions
of the oil revenues to the social sector, and to continue to seek international
technical assistance, as provided for in article 23 of the Covenant. In this
connection, the Committee calls
upon the State party to ensure that its international human rights obligations
are taken fully into account when it enters into technical cooperation and other
arrangements with international organisations.

54. The Committee recommends the State party to take corrective measures to
ensure that Armenians and other ethnic minorities whose properties are illegally
occupied by refugees and internally displaced persons be provided with adequate
compensation or offered alternative accommodation, in accordance with the guidelines
adopted by the Committee and its General Comment No.7. The Committee also recommends
that the State party to take necessary measures to guarantee the right to housing
to all persons residing under its jurisdiction, and to address the problem of
the lack of adequate social housing units in the most expedient manner possible,
particularly in Baku. In this connection, the Committee wishes to draw the attention
of the State party to its General Comment No. 4 on the right to adequate housing.
The Committee further requests the State party to provide, in its third periodic
report, detailed information on the number and nature of forced evictions and
on the extent of homelessness in the State party.

55. The Committee urges the State party to continue its efforts to improve
its health services, inter alia, through allocation of adequate and increased
resources. The Committee requests the State party to include information in
its next periodic report on how the recently adopted health laws and policies
have been implemented and on the progress made. The Committee encourages the
State party to submit in its next periodic report annually collected comparative
statistical data, disaggregated by sex, age and urban/rural residence, paying
particular attention to the marginalised and disadvantaged groups.

56. The Committee recommends that the State party conduct a study on the incidence
of sexually transmissible diseases and HIV/AIDS in Azerbaijan, and to develop
a comprehensive sexual and reproductive health programme, including a public
awareness raising campaign about safe contraceptive methods. The Committee also
urges the State party to take measures to reduce the level of maternal and infant
mortality rate, and to ensure that abortions are carried out under
adequate medical and sanitary conditions. In accordance with its general comment
No.14 (2000) on the right to the highest attainable standards of health, the
Committee also recommends the State party to take urgent measures to combat
the spread of HIV/AIDS.

57. The Committee recommends the State party to continue to take measures to
improve the sanitary and hygiene conditions in prisons and to ensure that the
right to mental and physical health of all prisoners in Azerbaijan are ensured,
in accordance with article 12 of the Covenant.

58. The Committee urges the State party to take effective measures to decrease
the availability of illicit drugs in the territory of the State party through,
inter alia, combating the root causes, and to provide information on the measures
taken in the next periodic report.

59. The Committee calls upon the State party to take effective measures to ensure
that all children under its jurisdiction have access to free compulsory education
as a right stipulated in the Covenant, and to significantly increase the public
expenditure on education. The Committee further encourages the State party to
consider amending in this regard the Legal Status of Aliens and Stateless Persons
Act. The Committee would appreciate receiving further information in the State
party’s third periodic report.

60. The Committee requests the State party to include in its third periodic
report on the implementation of the Covenant all available information on any
measures taken and progress made, particularly with regard to the suggestions
and recommendations made by the Committee in the present concluding observations.

61. The Committee requests the State party to widely disseminate the present
concluding observations among all levels of society, and in particular, among
State officials and the judiciary. It also encourages the State party to engage
non-governmental organisations and other members of civil society in the process
of discussions at the national level prior to the submission of the third periodic
report.

62. The Committee requests the State party to submit its third periodic report
before 30 June 2009.